Daily Legal Quiz for PCS- J/APO/Judiciary : 16 Jan 2025

According to the court, what is the difference between Section 64 and Section 107 of the Patents Act?

Section 64 deals with the defence of invalidity in an infringement suit, and Section 107 deals with revocation petitions.

Section 64 allows for revocation petitions, while Section 107 deals with the defence of invalidity in an infringement suit.

Section 107 pertains to patent expiry, while Section 64 deals with patent filing.

There is no difference between the two sections.

Can a party choose to file a stand-alone revocation petition or a counter-claim in an ongoing infringement suit?

No, the party must file only a counter-claim in an ongoing suit.

Yes, it is the party’s choice to file either a stand-alone petition or a counter-claim.

Only if the patent term is still valid.

Only if both parties agree

In the case of Macleods Pharmaceuticals Ltd. vs Boehringer Ingelheim Pharma GmbH, why did Boehringer seek dismissal of the revocation petition?

Because the patent expired, and the revocation petition was considered infructuous.

Because Macleods Pharmaceuticals was not involved in the infringement.

Because Boehringer believed the patent was still valid.

Because Macleods Pharmaceuticals failed to file a proper petition.

Which of the following is NOT a ground for the revocation of a patent under Section 64 of the Patents Act, 1970?

The invention is not novel.

The invention has been disclosed in prior art.

The patentee has obtained the patent by fraudulent means.

The invention is not commercially viable.

Which authority has the jurisdiction to hear revocation petitions under the Patents Act, 1970?

The District Court

The High Court

The Intellectual Property Appellate Board (IPAB)

Both High Court and IPAB